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<br />-14- <br /> <br />Sec. 37-23. <br /> <br />Enforcement. <br /> <br />(a) Any person violating section 37-13 of this chapter, <br />upon conviction, is punishable by a fine not to exceed <br />$2,000. <br /> <br />(b) Any person violating a provision of this chapter <br />other than Section 37-13, upon conviction, is punishable by a <br />fine not to exceed $500. <br /> <br />(c) It is a defense to prosecution under Section <br />37-15 (d) or 37-16 that a person appearing in a state of <br />nudity did so in a modeling class operated: <br /> <br />(1) by a proprietary school licensed by the state <br />of Texas; a college, junior college, or university supported <br />entirely or partly by taxation; <br /> <br />(2) by a private college or university which <br />maintains and operates educational programs in which credits <br />are transferrable to a college, junior college, or university <br />supported entirely or partly by taxation; or <br /> <br />(3) <br /> <br />in a structure: <br /> <br />(A) which has no sign visible from the <br />exterior of the structure and no other advertising that <br />indicates a nude person is available for viewing; and <br /> <br />(B) where in order to participate in a class <br />a student must enroll at least three days in advance of the <br />class; and <br /> <br />(C) where no more than one nude model is on <br />the premises at anyone time. <br /> <br />(d) It is a defense to prosecution under Section 37-20 <br />or Section 37-21 that each item of descriptive, printed, <br />film, or video material offered for sale or rental, taken as <br />a whole, contains serious literary, artistic, political, or <br />scientific value. <br /> <br />(e) Each day on which a violation occurs shall be a <br />separate and distinct violation. <br /> <br />Sec. 37-24. <br /> <br />Signs required. <br /> <br />Each sexually oriented business shall have a sign <br />clearly visible from the outside identifying it as a sexually <br />oriented business and notifying people that persons under 18 <br />are prohibited from entering the building. The signs shall <br />be in compliance with the San Marcos Sign Ordinance. <br /> <br />Sec. 37-25. <br /> <br />Separability. <br /> <br />If any provision, section, sentence, clause or phrase of <br />this ordinance, or its application to any person or set of <br />circumstances is for any reason held to be unconstitutional, <br />void or invalid (or for any reason unenforceable), the <br />validity of the remaining portion of this ordinance or its <br />application to other persons or sets of circumstances shall <br />not be affected thereby. It is the intent of the ci ty <br />Council of the City of San Marcos in adopting this ordinance, <br />that no portion of it or provision or regulation contained in <br />it shall become inoperative or fail by reason of any <br />unconstitutionality or invalidity of any other portion, <br />provision or regulation. <br />